2. Emerging Hazards Identified by the ILO

The International Labour Organization (ILO) has pinpointed six primary impacts of climate change that pose emerging hazards to workers

• Exposure to high temperatures can result in health issues such as stress, stroke, and exhaustion.
• Increased exposure to UV radiation due to climate change can have adverse effects on workers' health.
• Events like storms, floods, and hurricanes pose significant risks to workers, particularly those in vulnerable sectors.
• Rising temperatures can exacerbate air pollution in workplaces, contributing to respiratory problems among workers.
• Climate change may spread diseases carried by vectors like mosquitoes and ticks, affecting workers' health.
• Agricultural workers face risks associated with increased use of agrochemicals, which can have adverse health effects.

Most Affected Worker Groups

The ILO highlights several worker groups as particularly vulnerable to the impacts of climate change:

• Those involved in agriculture are at heightened risk due to prolonged exposure to outdoor conditions and agrochemicals.
• Workers in construction face hazards related to heat stress and extreme weather conditions.
• Individuals involved in urban conservation activities are susceptible to health risks arising from heat and pollution.
• Workers in these sectors may face challenges due to increased heat and disruptions caused by extreme weather events.

Impact on Gig Economy Workers

• The rise of gig employment poses additional challenges, as gig workers often lack protection against heat-related hazards.
• In India, where gig employment is on the rise, a significant portion of the workforce is susceptible to heat-related risks, highlighting the urgent need for protective measures.

3. Sectors Affected by Heat Hazards

• Globally, agriculture stands out as the most heat-susceptible sector, particularly in developing countries where informal farm labourers often lack adequate weather protection. In India, nearly 90% of farmers own less than two hectares of land, facing low incomes that hinder investment in climate adaptation.
• India's MSME sector, employing over 123 million workers (21% of the workforce), is significantly impacted by heat hazards. The predominance of informalization within this sector results in minimal oversight of worker conditions by state Occupational Safety and Health (OSH) departments, leaving workers highly vulnerable to heat-related risks.
• With approximately 70 million workers (12% of India's workforce), the building and construction sector faces substantial challenges related to heat. Urban-centric growth exacerbates the urban heat island effect, contributing to increased temperatures at construction sites. Additionally, workers in this sector are prone to physical injuries and health hazards from air pollution, particularly in heavily polluted Indian cities.

4. Laws Addressing Workplace Safety in India

In India, workplace safety is governed by a comprehensive framework comprising more than 13 central laws, including:

• The Factories Act, 1948
• The Workmen Compensation Act, 1923
• The Building and Other Construction Workers Act, 1996
• The Plantations Labour Act, 1951
• The Mines Act, 1952
• The Inter-State Migrant Workmen Act, 1979

These laws regulate working conditions across various sectors, aiming to ensure the safety and well-being of workers. In September 2020, these laws were consolidated and amended under the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020). Despite the consolidation, the Union government has yet to officially notify its enforcement, leading to continued reliance on older laws by unions and the judiciary to seek redress and accountability.

The Indian Factories Act defines a factory as an establishment with "10 or more" workers. However, the number of factories registered under this law remains relatively low, with less than a quarter of a million registered based on the latest data. The Labour Bureau's 2020 report notes a slight increase in the number of registered factories, but the overwhelming majority of India's 64 million Micro, Small, and Medium Enterprises (MSMEs) remain unregistered under this law, thereby escaping governmental inspections.

5. Regulations on Heat Hazards in the Workplace

• Under the Factories Act, the regulation of occupational heat primarily falls under the category of "ventilation and temperature," with specific standards left to the discretion of individual states based on industry specifics.
• However, these regulations were established over five decades ago, lacking provisions for modern cooling methods such as air conditioning.
• For example, Maharashtra and Tamil Nadu formulated rules under this law in 1963 and 1950 respectively, setting a maximum wet bulb temperature of 30°C on shop floors with a height of 1.5 meters and requiring adequate air movement of at least 30 meters per minute.
• These regulations, however, do not account for varying activity levels or mention cooling alternatives beyond ventilation.
• As air conditioning remains a luxury in many households and a significant expense for businesses in developing countries, there's an urgent need to update the Factories Act to reflect technological advancements and incorporate more industry categories based on evolving production processes.
• Brazil, for instance, mandates work stoppage in cases where the Wet Bulb Global Temperature (WBGT) rises above specific thresholds for different intensity levels of work, as highlighted by the ILO.

Challenges and Worker Perspectives

• Workers' demands for additional hydration options like lemon juice and tender coconuts were dismissed by management as insignificant, reflecting a disconnect between worker needs and corporate priorities.
• Additionally, unions face pressure not only from management but also from state bureaucracy, which emphasizes the importance of attracting top industries to the region, often at the expense of workers' concerns.
• This dynamic creates challenges for unions in advocating for worker well-being while balancing economic interests.

6. Addressing Other Climate Hazards in the Workplace

• Amendments are necessary to address the handling and disposal of effluents and byproducts, as they can significantly impact human health based on temperature.
• For instance, Hindustan Unilever's thermometer manufacturing plant in Kodaikanal, Tamil Nadu, was shut down in 2001 for disposing of mercury-laced glass waste improperly.
• This led to serious health issues in the local population, resulting in legal battles and an eventual out-of-court settlement with affected workers.
• Another emerging concern is the potential increase in silicosis cases, a fatal lung disease caused by exposure to fine particulate matter known as "lung dust," prevalent in coal mines, gemstone mines, and stone quarries.
• India's expanding coal production and mining activities raise the risk of silica exposure, as seen in cases such as the quartz mine in Godhra, Gujarat, where the Supreme Court ordered compensation for victims' families.
• While the Factories Act mandates inspections to prevent silica exposure, gaps exist in enforcing measures to protect workers. Inspectors face challenges such as vacancies, lack of specialized training, and influence from private sector management, particularly multinational corporations (MNCs).
• However, some officials argue that vacancies are temporary and efforts are made to address implementation issues.
• The link between labour productivity, human health, and climate change often receives insufficient attention, with a focus on economic and infrastructure resilience.
• However, the ILO emphasizes establishing a universally accepted regulatory framework to ensure workplaces and workers are resilient to climate change impacts.

7. The Way Forward

By implementing the measures, India can create safer and healthier work environments that are resilient to the impacts of climate change, protecting the well-being of workers and promoting sustainable economic development.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)